NRDC, Others Join Fray Over NY Cap-And-Trade

Law360 (May 26, 2009, 12:00 AM EDT) -- Five environmental advocacy groups, including the Natural Resources Defense Council, have filed an amicus brief challenging Indeck Energy Service Inc.'s contention that a regional cap-and-trade system for power plants constitutes a tax that New York state administrative agencies don't have the power to levy.

The organizations — Conservation Law Foundation, Environmental Advocates of New York, Environmental Defense Fund and Pace Environmental Law Center, along with the NDRC — filed the brief on May 19 in the Supreme Court of the State of New York, County of...